Clinton NORTH CAROLINA December 5, 2023, CITY COUNCIL MEETING The City Council oft the City of Clinton, North Carolina, met in a regular session at 7:00 PM on December 5, 2023, in the City Hall. Auditorium. Mayor Starling presided. Councilmembers Ruggles, Corbett, DuBose, Strickland, and Mayor Pro Tem Becton were present. City. Attorney Tim Howard of Howard and Carr, PLLC, was present. Also, present were City Clerk Elaine F. Hunt; City Manager James Duncan; Finance Director Kristin Stafford; Public Works Director Chris Medlin; Public Works Engineer Russell Byrd; HR Director Natalie Blue; Parks and Recreation Director Jonathan Allen; Planning Director Mary Rose; Fire Chief Hagan Thornton; Assistant Police Chief. Adrian Mathews; Police ChiefAnthony Davis; and Senior Planner Lyle Moore. Jack Tunnell of The Sampson Independent was present. Sylvia Chestnutt ofThe Mayor Starling called upon Dr. Ray Ammons, Senior Pastor, First Baptist Church, Sampson Weekly was absent. 408 College Street, Clinton, NC 28328, to give theinvocation. ELECTIONS Upon a motion made by Mayor Pro Tem Becton, seconded by Councilmember Strickland, the following Abstract of Canvass was unanimously accepted: Mayor Lew Starling Write In CityCouncil Polls OneStop Absentee Provisional Total 391 6 Total 276 3 Polls OneStop 114 3 0 0 1 0 Absentee Provisional CitvyCouncil-Distict2 Neal Strickland Jessica Bashlor GityCoundil-Distict4 4 C.Holden DuBose HI 66 62 34 25 0 0 0 2 100 89 110 42 0 0 152 The Honorable Judge Robert H. Gilmore, administered the following oath tol Neal Strickland, District 2 Councilmember; C. Holden DuBose, District 4 Councimember; and Lew Starling, Jr., Mayor: NORTH CAROLINA SAMPSON COUNTY OATH OF OFFICE I, do solemnly and sincerely swear that tIwill support and maintain the Constitution and Laws of the United States; that I will bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; that I will support, maintain and endeavor to defend the Constitution of North Carolina and support and maintain the laws of North Carolina, not inconsistent with the Constitution and laws of the United States; and that I will faithfully, well and truly discharge and execute the duties of my office as counclmember/ayor of the City of Clinton according to law; SO help me God. CITY COUNCIL Upon a motion made by Councilmember Strickland, seconded by Councilmember Corbett, Marcus 0. Becton was unanimously re-elected as Mayor Pro Tem. Mayor Starling administered the following oath of Mayor Pro Tem to Councilmember Marcus 0. Becton: NORTH CAROLINA SAMPSON COUNTY OATH OF OFFICE I, dos solemnly and sincerely swear thatl Iv will support and maintain the Constitution and Laws oft the United States; that I will bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established fort the government thereof; thatIwill support, maintain and endeavor to defend the Constitution of North Carolina and support and maintain thel laws of] North Carolina, noti inconsistent with the Constitution and laws ofthe United States; and thatI will faithfully, well and truly discharge and execute the duties of my office as Mayor Pro Tem ofthe City of Clinton according to law; sO help me God. Mayor Starling directed questions to City Attorney Timothy W. Howard and finally, asked ifhe would continue to serve the City of Clinton. Attorney Howard responded affirmatively. Upon a motion made by Mayor Pro Tem Becton, seconded by Councilmember Strickland, Timothy' W. Howard was reappointed unanimously as city attorney. No oath was given. Mayor Starling directed questions to City Manager James P. Duncan and concluded with the question, "Will you continue to serve the City of Clinton?" City Manager Duncan responded, "Iwill." Upon a motion made by Councilmember DuBose, seconded by Councilmember Strickland, City Manager James P. Duncan was reappointed unanimously as city manager. No oath was given. Mayor Starling provided information to the group such as: The total off full-time employees within the City of Clinton - 136;and City Manager Duncan's background which included his degrees and previous places ofe employment; and Projects by the various departments thatincluded Clinton Police Department's Stuffthe Cruiser event; the Downtown Clinton's. Art' Way Alleyway Project; Clinton Fire Department's diversity, equity initiative whereas four new diverse employees are now within the Department; renovations within Royal Lane Park; upgrade to the Wastewater Treatment Plant; and Human Resources Department'si implementation ofs software; and Recommendation of streets for the City Council to tour within the city: Dogwood Circle; Stetson Street; Weeks Street; Kimbrough & 701; Bellfield (Beaverdam); Royal Lane Park; Beaman Street Fire Station; Fisher Drive Park; Newkirk Park; Sampson Center; Fox Lake unfinished home; Industrial Park; Martha Lane; and Miami Street Subdivision off West Main Street Mayor Starling allowed a few minutes for the City Council to visit with family and Upon a motion made by Councilmember Strickland, seconded by Councilmember Ruggles, the minutes ofthe November 14, 2023, regular city council meeting were friends before proceeding to the next item. unanimously approved. PUBLIC HEARING - OATHS Oaths were given to Senior Planner Lyle Moore; Nadina Morgan, 604 Lisbon Street; Jamal Frazer, 604 Lisbon Street; and Ana Acosta, 702 Sunset Avenue. P&Z-604 LISBON STREET - IAMAL FRAZER Mayor Starling opened a public hearing on a special use request by Jamal Frazer to operate an animal service with no outdoor kennels, grooming facility, in the building located at 604 Lisbon Street located in the NS -1 Neighborhood Shopping District. Senior Planner Lyle Moore presented the findings. He stated that Laura Guevara signed the application as the owner. He stated that the property contains approximately 0.27 acres, and iti is currently zoned NS - Neighborhood Shopping. Mr. Moore stated that the applicant proposes to operate thei indoor dog grooming by appointment only Monday through Saturday from 9:00 am to 5:00 pm. Furthermore, Mr. Moore stated that no more than two employees will be employed, and Section 4.4.1 ofthe Clinton Land Development Ordinance requires animal services where the animals are kept indoors shall be constructed in such ai manner that the noise associated with such facility remain inside. Mr. Jamal Frazer appeared before the City Council and confirmed that the grooming would bel by appointment only. He stated that he has been grooming for approximately 25 years now and, he has al business in Angier, North Carolina. No one else appeared tol be heard, and thel hearing was closed. Mayor Starling read Standard 1: Ifo completed as proposed, the development will comply with all oft the requirements ofthis Ordinance. Hei then called for a vote on whether the requested use would meet this standard. Five voted that the standard would be met. Mayor Starling read Standard 2: The use will not materially endanger the public health or safety. He then called for a vote on whether the requested use would meet this standard. Five voted that the standard would bei met. Mayor Starling read Standard 3: The use will not substantially injure the value of adjoining or abutting property. He then called for a vote on whether the requested use would meet this standard. Five voted that the standard would bei met. Mayor Starling read Standard 4: The use will bei in harmony with the area in which it istol be located. He then called for a vote on whether the requested use would meet this standard. Five voted that the standard would be met. Mayor Starling read Standard 5: The use will be in general conformity with the Land Development Ordinance, thoroughfare plan, or other plan officially adopted by the Council. He then called for a vote on whether the requested use would meet this standard. Five voted that the standard would be met. Upon a motion made by Mayor Pro Tem Becton, seconded by Councilmember Ruggles, a special use permit was unanimously approved for Jamal Frazer to operate an animal service with no outdoor kennels, grooming facility, in the building located at 604 Lisbon Street located in the NS - Neighborhood Shopping District. P8Z-702SUNSET AVENUE - ANAACOSTA Mayor Starling opened a public hearing on a request by Ana Acosta to conditionally rezone approximately 1.66 acres at 702 Sunset. Avenue from R-8 Residential District to 0& I-Office and Institutional District. Senior Planner Lyle Moore explained the request and gave the staff and Planning and Zoning Board's recommendation to approve the request upon the findings of fact and zoning consistency statement. He stated that the NCDOT has granted permission to exit onto Sunset Avenue; however, Ms. Acosta will be required to get a driveway permit. The City Council asked questions, and concerns voiced by the City Council were voiced. Concerns included hours of operation and traffic. Police Chief Davis was asked his opinion ofthis matter. Chief Anthony Davis stated that Sunset Avenue being four lanes concerns him. He recommended making all traffic go to the right. Planning Director Rose questioned who would bear the cost oft the island constructed to direct traffic to the right. The City Council responded that this cost would bei to the City of Clinton. City Manager Duncan stated that staff would handle the signage. Ms. Ana Acosta appeared before the City Council and spoke regarding the request. No one else appeared to bel heard and Mayor Starling closed the public hearing. Upon ai motion made by Councilmember DuBose, seconded by Councilmember Strickland, the following amendment #2023.12.01 to the Zoning Ordinance was unanimously adopted, along with making all traffic to be right in and right out of Woodland Drive, with the City bearing the cost to change the trafficroute, and operating hours having no new customers after 9:00 PM: WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City of Clinton Planning Board does hereby find and determine that the recommendation of map amendment CZ-10-23-1 is consistent with the goals and objectives ofthe Clinton 2035 Comprehensive Plan. Section 6, Future Land Use, oft the 2035 Clinton Comprehensive Plan addressing the appropriateness: ofOffice & Institutional Districts as transitional buffer: zones between major arterials or more intensely developed commercial areas and residential districts. APPOINTMENT Upon a motion made by Councilmember Strickland, seconded by Mayor Pro Tem Becton, it passed unanimously to reappoint Pamela Bennett to the Planning and Zoning Board, representing District 5, forai five-year term. Upon a motion made by Councilmember Strickland, seconded by Mayor Pro Tem Becton, it passed unanimously to reappoint Carol Monk and Dee Bryant to the Board of Adjustment, representing District 3 and District 5 respectively, forthree-year terms. The All-America City Committee has several vacancies. The Committee is composed offourteen (14) members. City Clerk Hunt presented the City Council with a highlighted agenda showing approximately six (6) current members wanting to remain on the board, noting the Clerk as the recorder/liaison. Councilmember Strickland recommended Jess Bashlor and Councilmember Corbett recommended Pastor RosaMaria Garcia. City Manager Duncan asked Stephanie Graham, who was in the audience, if she would like to be on the Committee. No motions were made or seconded. Mayor Starling asked the group too contact City Clerk Hunt with suggested names within ten (10) days. Upon a motion made by Mayor Pro Tem Becton, seconded by Councilmember Strickland, it passed unanimously to reappoint Jeremy Edgerton, Nancy Barefoot, and Paul Hawkins, to the Cemetery Advisory Board for three-year terms. City Clerk Hunt presented the Cemetery Advisory Board's request ofa allowing other individuals within the Cemetery. Advisory Board's businesses to serve ift the original appointee was unavailable. The City Council agreed to this request. REPORTS The: monthly combined staff report was acknowledged. STAFF REPORTS There were: no staff reports. CITY MANAGER REPORTS City Manager Duncan had no reports. PUBLIC COMMENTS Noone appeared for public comments. OTHER BUSINESS There was no other business for discussion. CLOSED SESSION Upon ai motion made by Councilmember Ruggles, seconded by Councilmember Corbett, the following resolution passed unanimously to enter closed session pursuant to 65.143.318.110/3X6) to consult with the attorney in order to preserve the attorney-clent privilege and to discuss personnel: RESOLUTION TO ENTER CLOSED SESSION Be It Resolved that thei regular meeting oft the City Council of the City of Clinton, North Carolina held at 7:00 PM on December 5, 2023, entered closed session as allowed by G.S.143318.110/3X6) to consult with the attorney in order to preserve the attorney-client privilege and to discuss personnel. Upon a motion made by Mayor Pro Tem Becton, seconded by Councilmember DuBose, it passed unanimously for the City Council to re-enter regular session at approximately 8:35 PM. Mayor Starling stated that the City Council entered closed session to consult with the attorney in order to preserve the attorney-client privilege and to discuss personnel. He called upon City Manager Duncan. City Manager Duncan announced that Mr. Hagan Thornton would be appointed as the next Cityof Clinton's permanent fire chiefeffective Friday, December 8th. Mayor Starling adjourned the December 5, 2023, city council meeting at approximately 8:40 PM. Chue 1 hat Elaine F. Hunt, City Clerk, MMC, NCCMC Starling, Jr/ Mayor